QF Focus Magazine Tips to avoid conflicts with the neighbours (final part)
Last month we were looking at the different building works that any owner or tenant could carry out within a block of flats or urbanisation. There is no “universal rule”, other than the legal framework that must follow the bylaws of each city hall. However, when the property is within a housing condominium, blocks of flats or any other urbanisation governed by the “Horizontal Law” the internal bylaws should also be respected. Thus, each owner can perform building works modifying the architectural, facilities or services, provided that they: • Do not reduce or alter the building’s security, configuration and general structure, or its exterior state. • Do not prejudice the rights of other owners. • Communicate the performance of such work previously to the president of the community. Major and Minor Building Licenses. We did mention the main types of building licenses which were: Major Building License (Licencia de Obra Mayor) and Minor Building License (Licencia de Obra Menor). Characteristics of major building works. The exact characteristics of what is recognised as major building works depends on each town hall but normally they are the following:
• Division of any land into individual saleable plots. • Earth movements. (Here I add that by earth movement it is normally considered large earth movements that may change the topographical configuration of any site or plot). • Construction of any new buildings. • Any structural works or any works that may change the external appearance of any existing building. • Works which involve the modification of internal layout of any building regardless of its use. (This is a tricky one,
because changing an internal partition would imply changing an internal layout. Normally the answer to this one depends on the interpretation given by local technical civil servant). • Before you move into a brand new built house you would require what is call “Licencia de primera ocupación” or first use licence. (For more on this subject I have written three articles, please refer to Procedures to follow before you buy a property in Spain Part I, II and III published on my web page). • The covering up of any balconies or terraces and any installations in general. (On ‘installation’ here I interpret this as any new installation such as a complete rewiring or complete water installation in a dwelling not the changing of a tap for example). • The demolition of buildings.
• Placement of advertising posters visible from public roads. • Cutting down any trees within the town boundaries. • Any other acts which may be contemplated in the local planning regulations. Minor building works. “Licencia de obra menor” minor building works are normally understood as: • Any works that change any external wall openings, walls, structure, roofs or the interior layout of any building. These works are not subject to a prior license with a project but as mentioned above it does require to be communicated to the town hall and pay its correspondent fees. • It is considered to be minor works generally anything which it is considered as such due to its simplicity and does not involve the modification of any structural element, changing the external appearance of its façade or the internal layout any building. For more information please contact your local Pacheco & Asociados Architect listed below.
Carrying out a reform.
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